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Question
Posted by: Jack | 2011/06/10

CHILD SUPPORT

I broke up with the mother of my son 5 years ago and I have been nothing but a good father during that period. Until in January I was in a financial crisis of which I told her and she did not sound like she had a problem. I have requested her to give me two months to sort out few things and she agreed. During easter holidays I asked her if the child can visit me and she did not want the child to visit saying I am an irresponsible father. Angry and frustrated as I was I send her an sms “ God will punish you “  of which she did not reply. Then last month while I was at work I got a call from her saying why didn’ t I show up at court then I said for what she said because today is the court date for maintenance of our child. I rushed to town and met with her in the street of Jozi and she said the court was finished and the next court date is on the 23rd of June then I asked her about the summons she said she was told by officers that they went to my work place to give summons and they did not find me at my work they said they do not know me. Then she was under the impression that I got them after sending that sms “ God will punish you “  I am not sure how this maintenance is working not sure if I should go to court or not. I have planned to go and my girlfriend said I shouldn’ t cause I do not have any summons. What if I don’ t go what will happen to me if I don’ t I don’ t want to go to jail. What is the procedure regarding summons

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Our expert says:
Expert ImageCyberShrink

If there is a court case involving you ( of course you need legal advice specifically on such matters ) then I think they are supposed to officially inform you of the fact, rather than keep the hearing secret and then draw unfavourable conclusions from your non-appearance. Of course you should go to court, as only then can you hear what she is saying and claiming, and put your own side of things. The court can decide how much maintenance you should pay and then enforce it's judgement ( and that might even lead to jail for contempt of court ), so it is something you have to take seriously. Even if you didn't get a summons, that's no reason not to go to court - it could be very much to your benefit to go.
Try to find out how or if the officers of the court actually did go to your place of work and what idiot told them you were not there, so you can get statements and tell the court. Maybe these court messengers are like the lazy meter readers of Tshwane, who for over a year never tried to read my meters, lying about the huge dogs ( I don't have ) and the high locked gates ( which I also don't have). Some people just like collecting the fees for delivering messages without actually seriosuly trying to do so

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3
Our users say:
Posted by: Truth | 2011/06/10

You need a lawyer not a shrink - why post here?

Do the right thing and pay maintenance!

Reply to Truth
Posted by: just saying! | 2011/06/10

you should have just lowered the maintenance but you can not just stop paying because you have financial problems, cut back on what ever expenses and take care of your child financialy, and when you were stuck in finances you should have gone to maintenance court to lower the amount but you can not just stop paying!
You need to get to the court soon and get to the bottom of this and make sure you have your fact straigths, to many dads dont pay a cent maintenance, my child is 9 and I look after him from birthfinancialy and emotionaly ) the sperm donor does not work by choice and I stopped trying to collect money from him a long time ago), it is unfair the the child and mother to not pay maintenance,
A good father takes responsibilty for his child/ children and make sure that they are well looked after financialy and emotionaly.

Reply to just saying!
Posted by: cybershrink | 2011/06/10

If there is a court case involving you ( of course you need legal advice specifically on such matters ) then I think they are supposed to officially inform you of the fact, rather than keep the hearing secret and then draw unfavourable conclusions from your non-appearance. Of course you should go to court, as only then can you hear what she is saying and claiming, and put your own side of things. The court can decide how much maintenance you should pay and then enforce it's judgement ( and that might even lead to jail for contempt of court ), so it is something you have to take seriously. Even if you didn't get a summons, that's no reason not to go to court - it could be very much to your benefit to go.
Try to find out how or if the officers of the court actually did go to your place of work and what idiot told them you were not there, so you can get statements and tell the court. Maybe these court messengers are like the lazy meter readers of Tshwane, who for over a year never tried to read my meters, lying about the huge dogs ( I don't have ) and the high locked gates ( which I also don't have). Some people just like collecting the fees for delivering messages without actually seriosuly trying to do so

Reply to cybershrink

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